Trevor-Jones v Harness Racing New South Wales [2024] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Trevor-Jones v Harness Racing New South Wales [2024] NSWSC 876 Hearing dates: 7 May 2024, 16 May 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) The time for commencement of the proceedings is extended to 5 June 2023. (2) The plaintiffs' summons filed on 5 June 2023 is dismissed. (3) In relation to the question of costs: (a) The plaintiffs are to file and serve any evidence and written submissions, not exceeding three pages, on or before 26 July 2024; (b) The first defendant is to file and serve any evidence and written submissions, not exceeding three pages, on or before 2 August 2024; (c) The plaintiffs are to file and serve any material in reply, not exceeding two pages, on or before 9 August 2024; and (d) The decision on costs is to be made on the papers, unless a party indicates in the written submissions that an oral hearing is sought. Catchwords: ADMINISTRATIVE LAW – judicial review– error of law on the face of the record or jurisdictional error – decisions of the Racing Appeals Tribunal – challenge to the Racing Appeals Tribunal's construction of Australian Harness Racing Rules (AHRR) in relation to the exemption in r 188A(3) of altrenogest when administered to fillies and mares – whether exemption in r 188A(3) operates so as to exempt epitrenbolone and trendione from being "prohibited substances" under r 188A or r 190A(2) or from being anabolic androgen steroids within r 190AA – factual premise for grounds of review not made out – no misconstruction of r 188A(3) – no other error of law on the face of the record or jurisdictional error – summons dismissed GAMING AND RACING – harness racing – disciplinary offences – presenting a horse for a race not free from prohibited substances – evidentiary certificates under AHRR r 191 as to presence of prohibited substances – challenge to reliance on certificates when "materially flawed" within r 191(7) – whether certificates materially flawed – no misconstruction of r 191 or other error in relation to finding that certificates not materially flawed –summons dismissed Legislation Cited: Australian Harness Racing Rules, rr 94A, 188A, 188A(3), 190, 190A, 190AA, 191, 195, 218, 219, 309 Harness Racing Act 2009 (NSW) Supreme Court Act 1970 (NSW), ss 69(3)(a), 69(4) Uniform Civil Procedure Rules 2005 (NSW), rr 59.10(1)-(2) Cases Cited: ADCO Constructions Pty Ltd v Goudappel (2014) 254 CLR 1; [2014] HCA 18 Day v Harness Racing New South Wales (2014) 88 NSWLR 594; [2014] NSWCA 423 Day v Sanders; Day v Harness Racing New South Wales (2015) 90 NSWLR 764; [2015] NSWCA 324 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Category: Principal judgment Parties: Peter Douglas Trevor-Jones (First Plaintiff) Debbie Karen Wenning (Second Plaintiff) Rodney Paul Wenning (Third Plaintiff) Harness Racing New South Wales (First Defendant) Racing Appeals Tribunal (Second Defendant) Representation: Counsel: V Heath (First, Second and Third Plaintiffs) T Wong SC with J Elks (First Defendant)